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38-13-1
with disabilities has been convicted of a crime that bears upon the fitness of the individual
to provide care to or have responsibility for the safety and well-being of children, the elderly,
or individuals with disabilities as defined in this chapter. The Legislature finds that there
is an important state interest and it is in the best interest of the children, the elderly,
and individuals with disabilities of Alabama to protect them from those persons who may inflict
physical or mental injury or abuse, sexual abuse or exploitation, or maltreatment or
other mistreatment upon children, the elderly, or individuals with disabilities. Therefore,
it is the intent of the Legislature to provide for the implementation of a system that allows
the Department of Human Resources, licensed child placing agencies, and child and adult care
facilities to ensure that current licensees, license and volunteer applicants, prospective
employees, current employees, and volunteers are suitable for...
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38-13-2
Place of abode, domicile, or dwelling with intention to remain permanently and continuously
or for an indefinite or uncertain length of time. (30) SEX CRIME. Includes any sex offense
listed in Section 15-20A-5. (31) SUITABILITY CRITERIA. a. Convictions for any of the following
crimes shall make an individual unsuitable for employment, volunteer work, approval, or licensure:
1. A violent offense as defined in Section 12-25-32. 2. A sex crime. 3. A crime that involves
the physical or mental injury or maltreatment of a child, the elderly, or an individual
with disabilities. 4. A crime committed against a child. 5. A crime involving the sale or
distribution of a controlled substance. 6. A crime or offense committed in another state or
under federal law which would constitute any of the above crimes in this state. b. Conviction
for any crime listed in the Adoption and Safe Families Act, 42 U.S.C. ยง 671(a)(20) shall
disqualify a person from being approved or continuing to be approved...
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38-13-4
or provides any misleading information on the statement is guilty of a Class A misdemeanor,
punishable by a fine of not more than two thousand dollars ($2,000) and imprisonment for not
more than one year. (2) Convictions for any of the following crimes shall make an individual
unsuitable for employment, volunteer work, approval, or licensure: "a. A violent offense
as defined in Section 12-25-32. "b. A sex crime as defined in Section 15-20A-5. "c.
A crime that involves the physical or mental injury or maltreatment of a child, the
elderly, or an individual with disabilities. "d. A crime committed against a child as
defined in Section 38-13-2. "e. A crime involving the sale or distribution of a controlled
substance. "f. A crime or offense committed in another state or under federal law which
would constitute any of the above crimes in this state. "g. Conviction for a crime listed
in the federal Adoption and Safe Families Act, pursuant to 42 U.S.C. Section 671(a)(20), shall
disqualify a...
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38-13-3
Section 38-13-3 Criminal history background information check required for certain individuals;
exemptions. (a) On November 1, 2000, every employer, child care facility, adult care facility,
the Department of Human Resources, and child placing agency shall request the Alabama State
Law Enforcement Agency to conduct a criminal history background information check for the
following: (1) An employment applicant, employee or volunteer of an employer, child care facility,
adult care facility, or child placing agency. (2) A current foster parent for a child or adult
or adult household member of a foster family or applicant and an adult household member of
a foster family seeking approval to operate as a foster parent or foster family home for a
child placing agency or the Department of Human Resources. Unless otherwise provided in this
chapter, no criminal history background information check shall be conducted on a current
foster parent or household member of a foster family if a Federal...
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38-13-7
Section 38-13-7 Duties of Departments of Public Safety and Human Resources; review of determinations.
(a) Criminal history background information checks shall be performed by the Department of
Public Safety upon request by an employer, child care facility, adult care facility, or child
placing agency authorized to make a request, or the Department of Human Resources. The Department
of Public Safety shall provide a criminal history background check within a reasonable time
of the receipt of the request. National criminal history background checks shall be requested
by the Department of Public Safety from the Federal Bureau of Investigation within a reasonable
time of the request. The Department of Public Safety, upon receipt of the criminal history
background report from the Federal Bureau of Investigation, shall forward the report to the
Department of Human Resources within a reasonable period. (b) Criminal history background
information reports shall be sent from the Department of...
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38-9A-2
Section 38-9A-2 Individual and Family Support Program. (a) The Individual and Family Support
Program is created and shall be administered through a system of regional support councils
and their affiliated community councils and a state council. One regional support council
is created and incorporated as a private nonprofit corporation in each of the mental retardation
regions as defined by the Department of Mental Health. The regional support councils and their
affiliated community councils may receive and accept funds, real estate, and other items of
value from state agencies and other organizations, and enter into any necessary agreements
and contracts for the purposes of implementing this chapter. Councils may employ adequate
staff personnel including a state coordinator to implement the program. If staff personnel
are employed through a fiscal agent or other entity apart from the council, a memorandum of
understanding which defines the roles and responsibilities of the staff shall...
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32-1-1.1
any motor vehicle, trailer, or semitrailer, singly or in combination, new or used, constitutes
the commodity being transported, when one set or more of wheels of any such vehicle are on
the roadway during the course of transportation, whether or not any such vehicle furnishes
the motive power. (14) DRIVER. Every person who drives or is in actual physical control of
a vehicle. (15) DRIVER'S LICENSE. Any license to operate a motor vehicle issued under the
laws of this state. (16) ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE. A self-balancing,
two non-tandem wheeled device designed to transport only one person with an electric propulsion
system with an average power of 750 watts (1 h.p.), that has a maximum speed on a paved level
surface, when powered solely by such a propulsion system while ridden by an operator who weighs
not more than 170 pounds, of less than 20 m.p.h. The term shall not include a motorized bicycle,
motorized scooter, or motorized skateboard. (17) ESSENTIAL PARTS....
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25-4-10
situations); (v) In a position which, under or pursuant to the laws of this state or of an
Indian tribe, is designated as a major nontenured policymaking or advisory position or a policymaking
or advisory position the performance of the duties of which ordinarily does not require more
than 8 hours per week; or d. In a facility conducted for the purpose of carrying out a program
of rehabilitation for individuals whose earning capacity is impaired by age or physical or
mental deficiency or injury or providing remunerative work for individuals who because
of their impaired physical or mental capacity cannot be readily absorbed in the competitive
labor market by an individual receiving such rehabilitation or remunerative work; provided
however, if an individual's employment is otherwise characterized as employment under subsection
(a) and the individual is performing work under the Javits Wagner O'Day Act or a similar set-aside
program under the laws of the United States, the...
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16-22A-3
the employee to teach or have responsibility for the safety and well-being of children, or
both, as defined in this chapter. (17) SUITABILITY CRITERIA. a. Suitability Criteria for Nonpublic
Employment. Pertains to an applicant for employment, nonpublic current employee, or a current
employee under review in a nonpublic school. An individual who has not been convicted of a
child abuse crime, as defined herein as a crime committed under the law of the state that
involves the physical or mental injury, sexual abuse or exploitation, or maltreatment
of a child, shall be deemed suitable for employment. b. Suitability Criteria for Public Employment.
Pertains to an applicant for certification, certified applicant for employment, current public
certified employee, current public noncertified employee, and current employee under review
in a public school. An individual who has not been convicted of a child abuse crime, as defined
herein as a crime committed under the law of the state that...
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16-22A-2
the purpose of determining whether an individual who will have unsupervised access to children
is suitable for employment or has been convicted of a crime that bears upon the fitness of
the individual to teach or have responsibility for the safety and well-being of children as
defined in this chapter. The Legislature finds that there is a compelling state interest and
it is in the best interest of the children of Alabama to protect them from those persons who
may inflict physical or mental injury or abuse, sexual abuse or exploitation, or maltreatment
or other mistreatment upon children. Therefore, in establishing the Alabama Child Protection
Act of 1999, it is the intent of the Legislature to provide for the implementation of a system
that allows the State Superintendent of Education, local boards of education, and other nonpublic
schools to ensure that prospective employees and current employees are suitable for employment
and have not been convicted of a crime that bears upon...
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